Hogan Lovells (Brussels)

David Dauchez

Hogan Lovells (Brussels)
Lawyer (Associate)

David Dauchez joined the Brussels office of Hogan Lovells in July 2013. He trained in the competition departments of Allen & Overy (Paris) and Hogan Lovells (London). He works on State aid matters, cartel law, antitrust procedures and merger control. He is a graduate of the University of King’s College London (LLM, EU Competition Law, 2011), Paris II-Panthéon Assas (Master 2 in Business Law, 2012) and also studied Common Law at University College London. David is fluent in French and English.

Articles

2626 Review

David Dauchez, Jacques Derenne Concept of State aid : The General Court of the European Union partially annuls the Commission’s decision declaring compatible with the internal market measures in favour of a public service broadcaster for having qualified advertising revenues as State aid (TV2 Danmark / Commission)

135

Reminder of facts and procedure Following a complaint by a private broadcaster, the Commission opened an investigation into the financing of TV2 and declared some of the aid compatible with the internal market, with the exception of an amount qualified as overcompensation (decision of 19 May (...)

David Dauchez, Jacques Derenne Illegal State aid : The European Commission orders France to recover €1.37 billion from the main electricity supplier in France as incompatible aid (EDF)

151

In a decision of 22 July 2015, the European Commission concluded that the tax exemption from which Electricité de France ("EDF") benefited in 1997 when certain accounting provisions were reclassified as capital injections constituted illegal State aid and ordered the French authorities to (...)

David Dauchez, Jacques Derenne Concept of State aid : The General Court of the European Union annuls a Commission’s decision for insufficient statement of reasons regarding the evaluation of State aid amounts contained in the fees granted to an undertaking active in the export insurance credit sector (Sace, Sace BT)

110

Reminder of facts and procedure In February 2011, the Commission opened a formal investigation into four measures in favour of Sace BT, an Italian public-law body transformed into a public limited company in 2004 active in the field of export credit insurance: initial capital endowment of Sace (...)

David Dauchez, Jacques Derenne Special fees regime : The Court of Justice of the European Union confirms that the subsequent increase in the fees applicable in the hydrocarbons’ extraction sector does not materialise a selective advantage for an undertaking who benefited from lower rates in application of a special regime indistinctively applicable to all undertakings operating in the sector and rejects the appeal lodged by the Commission (Commission/MOL)

210

It is no doubt useful to provide a brief review of the very specific legislative and treaty framework at the origin of this case. The case concerns an extension agreement concluded in 2005 between the Hungarian authorities and a mining company, MOL, to allow it to extend the initial permit (...)

David Dauchez, Jacques Derenne Firms in difficulty : The General Court of the European Union dismisses an action against a Commission’s decision which declared capital increase and loans granted to a company in financial restructuring as illegal State aid (Sea France)

249

Trib. EU, 15 Jan. 2015, France v. Commission, Case T-1/12, ECLI:EU:T:2015:17 - Sea France Following financial difficulties encountered by SeaFrance, the latter was admitted to the safeguard procedure in April 2010, and was then the subject of judicial liquidation proceedings. Between 2009 and (...)

David Dauchez, Jacques Derenne Concept of State aid : The General Court of the European Union annuls two decisions of the Commission which qualified the possibility of tax amortisation of financial goodwill for foreign shareholding acquisitions by Spanish companies as State aid (Autogrill España, Banco Santander - Stantusa)

337

A Spanish law of 2001 provides that in the case of the acquisition of a holding by a company taxable in Spain in a foreign company, the goodwill resulting from that holding is deductible in the form of depreciation of the taxable base for corporation tax for which the company is liable. This (...)

David Dauchez, Jacques Derenne Preferential tariff : The General Court of the European Union confirms the decisions adopted by the Commission declaring incompatible with the internal market aid granted in favour of metal producers in the form of preferential electricity tariffs (Alcoa, Portovesme, Eurallumina)

195

Trib. EU, 16 October 2014, Alcoa Trasformazioni v Commission, Case T-177/10 Portovesme v Commission, Case T-291/11. Eurallumina v Commission, Case T-308/11 A decree of February 2004 allowed new undertakings (the subject of Cases T-291/11 Portovesme and T-308/11 Eurallumina) to benefit from a (...)

David Dauchez, Jacques Derenne Regional aid : The General Court of the European Union confirms that measures for the construction and operation of a film studio complex do not fulfill the private investor principle and validates the methodology of evaluation retained by the Commission (Spain / Commission)

95

The Autonomous Community of Valencia invested in the creation of a Ciudad de la Luz (CDL) cinema complex in October 2000. To this end, a public limited company was set up, 75% owned by the Autonomous Community of Valencia through the Sociedad Parque Tematico de Alicante (SPTCV) between 2001 and (...)

David Dauchez, Jacques Derenne Loans without interests : The General Court of the European Union confirms that loans granted by the Hellenic Republic to agricultural groups constituted incompatible State aid (Greece / Commission)

136

Factual and legal context ---- In confirming the Commission’s decision, the Court of First Instance recalls the principles relating to the concept of advantage, the standard of reasoning expected of the Commission in the recovery of aid and sets the limits to the invocability of the principle (...)

David Dauchez, Jacques Derenne Notion of aid: The General Court annuls, for manifest error of appraisal, a decision of the Commission establishing the existence of an advantage in the return on current accounts opened by a public bank (Poste Italiane)

160

Factual and legal background - Complaint and Commission decision An Italian decree of 1945 requires the Italian Post Office (Poste Italiane SpA, Banco Posta for financial services) to transfer the funds collected from its customers to a current account of the Caisse des dépôts et de prêts (of (...)

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